Marks & Spencer’s registered designs to “snow globe” gin bottles were held to be infringed by Aldi’s look-a-like products in court of appeal Case No: CA-2023-000521. In the assessment of the registered designs, the court inspected a physical example of the M&S product.

The court found that the designers of the M&S Product had had considerable freedom, particularly with regard to the shape of the bottle and the design to be printed on it, and there was no design constraint requiring the liqueur to be illuminated.

The court therefore found that IPEC judge HHJ Hacon had been entitled to find that the identical shapes of the bottles and stoppers, the winter scene, snow effect and integrated light would appear significant to the informed user, and cumulatively they would be “striking”. Because of these common features, the Aldi Product did not produce a different overall impression to the Registered Designs.